John B. Thomas is the co-founder of Houston-based commercial litigation boutique Hicks Thomas LLP. Known for his deep experience in handling complex commercial litigation, Mr. Thomas and the firm’s lawyers represent both defendants and plaintiffs in litigation spanning a broad range of industries. Mr. Thomas is an Associate Member of the American Board of Trial Advocates (ABOTA), has long been recognized by Chambers USA, Lawdragon’s 500 Leading Lawyers in America, Best Lawyers in America for his work in Commercial Litigation and Intellectual Property Litigation, and has been selected as a Texas Super Lawyer by Thompson Reuters for every year since its inception. A Chambers USA quote sums up his qualifications: “When you think about a lawyer who is a consummate professional, you think of John. You can throw him into any situation.” 

Case Highlights

Zachry Group, representation of various entities, including: 

  • Lead Counsel in $3 Billion claim for fraudulent conveyance in connection with the EPCcontract for the construction of Golden Pass Terminals, LLC (owned jointly by QuatarEnergy, Inc. and Exxon Mobil Corporation). Litigation of claims paved the way for theZachry entities to structure a plan of reorganization to emerge from Chapter 11 Bankruptcy.
  • Obtained Dismissal of $1.3 Billion subrogation claims brought in the name of FreeportLNG entities by insurance companies that paid claims for plant explosion and shut down.The arguments and ultimate ruling were premised on enforcement of EPC contracts thatcontained waivers of consequential.

EPC Joint Venture: 

  • Advised member companies in connection with force majeure claims related to theconstruction of the Freeport LNG facility in Freeport, Texas.

Mattress Firm, Inc. (the country’s largest mattress retailer), in numerous matters including: 

  • National counsel for real estate disputes resulting from business shutdown caused by theCOVID-19 pandemic.
  • Representation of the company in a highly publicized litigation against its long-timesupplier Tempur-Sealy, Inc. after news of the breakup resulted in TSI stock dropping nearly$1 billion in market capitalization.
  • Defeated claims for trade dress violations in connection with the company’s launch ofTherapedic ™ brand of memory foam mattress.

JP Morgan Chase before the International Arbitration Association involving its claim for damages for breach of the joint venture agreement that established one of the largest credit card portfolios in the world. 

National Counsel for Privately Held Chemical Company, including: 

  • More than 25 years of experience defending environmental and toxic tort claims injurisdictions from California to New York.
  • Defeated $300 million water contamination case brough by a California municipality inSan Francisco Superior Court, with bifurcated proceedings lasting over ten years:The case included 2 multiple month jury trials; and
  • Three bench trials.

Hilmar Cheese Company as regular outside litigation counsel in matters including: 

  • Shareholder dispute regarding events triggering provision of buy-sell agreement.
  • Property damage claims related to a fire at the company’s Hilmar, Californiamanufacturing facility.
  • Antitrust matter relating to shipper claims of monopolization of the market price of milk.

Ina-Naftaplin (the Croatian National Oil Company “INA”) in international arbitration tried in London and New York and involving claims that INA was guilty of tortious interference with a Texas company’s alleged rights to a Syrian oil concession. 

King Ranch, Inc. against Exxon when the ranch barred its mineral lessee’s access to the Ranch based on claims of improper operating practices.

Union Pacific Railroad in litigation against a major Gulf Coast plastics shipper who claimed over $100 million in damages for the alleged breach of a favored nation’s clause in a rail transportation contract. 

Occidental Petroleum in international arbitration against BP following its $3.6 billion acquisition of Permian-based assets. 

CONFIDENTIAL: Represented the Independent Directors of a publicly held corporation in connection with numerous proceedings spawned by federal investigations and lawsuits resulting from allegations that the company engaged in improper commodity trading practices. 

CONFIDENTIAL: Representation of various clients in connection with investigations of various state and federal regulatory agencies, including the Securities and Exchange Commission, and the Commodoties Futures Trading Commission.

  • American Board of Trial Advocates
  • Chambers USA Leading Lawyers for Business – Environmental Litigation
  • Texas Super Lawyers – Business Litigation (2003-present)
  • Benchmark Litigation Star (2024-2025)
  • Recognized in Lawdragon’s 500 Leading Lawyers (2023-2024)
  • Recognized in Lawdragon’s 500 Leading Lawyers in Environmental Law (2023-2024)
  • Listed in Best Lawyers in America (2018-2025)